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Yozhik

First Plus - Second Charge's not removed despite being repayed in full.

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Hi,

 

Looking for a bit of advice here. My wife and I took a secured loan via First Plus a few years back. During that time we had the loan extended once (which resulted in us getting a new account number and the closure / repayment of the old account). A couple years later we then repayed early and in full the outstanding amount including all the whacked on interest. We also had to pay seperately to their solicitors to remove the charge(s) from our property deeds.

 

We are now in the position of trying to sell our house and have been delayed because it appears that we have two outstanding second charges from First Plus still on the deeds.

 

We have paperwork from their solicitors (Turner MacFarlane Green) whom we were instructed to deal with stating that they would remove the second charge on our property once they had been paid their fee and received confirmation from First Plus of repayment. We also have a receipt showing we paid their fee.

 

We have written confirmation from First Plus that they had been repayed in full and would be informing their solicitors of said fact.

 

We have the bank statement showing the CHAPS payment going to first plus.

 

What I am trying to understand is:

 

1. Should there ever have been an additional second charge added to the deed when we were simply extending the loan. If so should they not at this time have removed the original one. (We did pay a fee for extending which I assumed covered such legal expenses)

 

2. When repaying in full should not all second charges against our property have been removed?

 

3. Who should I complain to first? First Plus or their lawyers.

 

My solicitor carrying out the conveyancing has advised that they can get the second charges removed (for an additional cost) if we provide all the documentary evidence but I am reluctant to do so as I feel we payed for this already.

 

First Plus advise on their site it can take 8 weeks to resolve complaints, I can't wait this long. If indeed they will not remove the charges from the deeds in good time and I am forced to have our solicitor do it, can I claim the additional costs back from First Plus or their solicitors.

 

Any advice would be great not sure what they best way to set about this is!

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I think a strong LETTER BEFORE ACTION to the Chairman/MD of the bank would be the first step....(send it recorded)...


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